Arizona Real Estate License Practice Exam 2025 - Free Real Estate Practice Questions and Study Guide

In this scenario, Jess assigned her lease to Owen, which means that Jess transferred her rights and obligations under the lease to Owen for the remainder of the lease term. However, the original lease agreement often maintains certain responsibilities for the original tenant, which in this case is Jess.

The correct answer indicates that the landlord has the right to pursue Owen first for payment. This is because Owen is currently responsible for paying the rent as per the terms of the lease. The lease assignment typically makes the assignee (Owen) accountable to the landlord for fulfilling lease obligations, such as rent payment.

However, if Owen fails to pay, the landlord can then pursue Jess because she remains liable under the original lease agreement. This dual liability is a common legal principle in lease assignments. Thus, if Owen does not pay, the landlord has the option to pursue either Owen first, and then turn to Jess for payment if necessary.

This setup provides a layer of security for the landlord, ensuring that they have multiple avenues of recourse if rent is not paid. This arrangement also reflects the nature of lease assignments where the original tenant may still hold responsibility, depending on the specifics of the lease and state landlord-tenant laws.